U. S. Industries, Inc. v. Mitchell

Webb, Judge.

Mitchell sued appellant for breach of express warranty that its poultry cages had been treated to prevent rusting for a period of ten years. The appeal is from the verdict and judgment in favor of Mitchell, and enumerates as error the overruling of appellant’s motions to dismiss for insufficiency of process, lack of jurisdiction over the person and improper venue, for directed verdict based upon lack of privity, and in allowing hearsay evidence. We affirm.

1. Appellant’s contentions of insufficient process are not apparent from the record which shows a summons attached to the…